Election of Trustee

The right of creditors to elect a trustee to replace the trustee appointed by the United States Trustee or by the court in a Chapter 7 case, or appointed by the court in a Chapter 11 case.

Only those noninsider creditors that hold undisputed, Only those noninsider creditors that hold undisputed, fixed, liquidated, unsecured claims and that do not hold interests materially adverse to other creditors are entitled to vote. Where an election is held in a Chapter 7 case, it is held at the 341 meeting. If creditors do not elect a trustee in a Chapter 7 case, then the interim trustee remains as trustee in the case.

In a Chapter 11 case, if a party in interest wants the opportunity to elect a trustee to replace the trustee appointed by the bankruptcy court, then it must request an election within 30 days after the court makes its appointment.

Bankruptcy Code ยงยง 702, 1104(b). See also 341 Meeting, Chapter 7 Trustee, Chapter 11 Trustee.

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